SABINA,J. - (1.) Appellant had faced trial in FIR No. 401/2007 registered at Police Station, Behror, District Alwar qua commission of offence punishable under Section 376 (2) (f) Indian Penal Code, 1860 (herein after referred as IPC).
(2.) Prosecution story in brief is that the appellant had raped the prosecutrix. Appellant was working as a conductor on the school bus and had raped the prosecutrix aged about five years, who was a student of class one.
(3.) After completion of investigation and necessary formalities challan was presented against the appellant. Prosecution in order to prove its case examined eighteen witnesses. Appellant when examined under section 313 Code of Criminal Procedure, 1973 prayed that he was innocent and had been falsely involved in this case.;